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Frequently Asked Questions
2012 Chemical Data Reporting

Other Issues

36. Recordkeeping Requirements

36.1. Are companies required to keep records related to CDR reporting?
Companies must maintain records that document any CDR information reported to EPA for a period of 5 years beginning on the last day of the submission period (40 CFR 711.25). For example, if a CDR report is submitted for a submission period ending June 30, 2012, the records on which the report is based must be retained until June 30, 2017. Persons submitting CDR information are encouraged to retain their records longer than 5 years to refer to when new Form Us are being prepared.


36.2. What must these retained records include?
As long as the records are maintained in a manner consistent with normal business practices, submitters may determine their exact format. Retained records should include all the information used to complete the Form U, such as those that show the production volume, plant site, and site-limited status of each chemical substance reported.


36.3. If a company’s annual production is less than 25,000 lb of a chemical substance must records still be kept?
The CDR regulation does not itself require any company to maintain information upon which a decision not to report is based. Consistent with their own business practices, companies may elect to retain documentation of their conclusion that they were not subject to reporting requirements.


36.4. If a company qualifies for a small business exemption, does it need to keep CDR records?
The CDR regulation does not itself require any company to maintain information upon which a decision not to report is based. Consistent with their own business practices, companies may elect to retain documentation of their conclusion that they were not subject to reporting requirements.


37. Penalties for Not Submitting a Report

37.1. What are the consequences for failure to report when required to do so or failure to report on time?
Manufacturers or importers subject to the CDR rule would be in violation of TSCA if they fail to comply or are late in complying with the CDR rule and may be subject to enforcement action.


37.2. What are the consequences if a company reports incomplete or incorrect information on the CDR report?
If EPA detects an error or omission on Form U, the Agency may send a letter requiring the company to correct the error within a specified time. If a timely correction is not received, the company may be subject to an enforcement action.

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